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(영문) 서울중앙지방법원 2016.01.14 2014가단5068177
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On November 27, 1997, Defendant A, Inc., the Plaintiff’s assertion, borrowed KRW 100 million from the Korea Mutual Savings and Finance Company, and Defendant B, joint and several, guaranteed the above loan debt.

On November 29, 2011, the Plaintiff transferred the above credit to the Defendants from the Solomon Mutual Savings Bank to the Korea Mutual Savings Bank, the Korea Mutual Savings Bank, a limited-liability company specializing in the first securitization of Korea, the Korea Mutual Savings Bank, the Korea Federation, and the Solomon Mutual Savings Bank in sequential order. On November 29, 2011, the Plaintiff first acquired the above credit from the Solomon Mutual Savings Bank, and notified the Defendants of the transfer of credit

Therefore, the defendants are jointly and severally liable to pay the principal and interest stated in the claim and delay damages to the plaintiff as the final transferee of the above claim.

2. It is not sufficient to recognize that the Solomon Mutual Savings Bank acquired the above loan claims from the solomon Mutual Savings Bank, solely with the descriptions of Gap evidence No. 7 (Statement), and there is no other evidence to prove otherwise.

3. Thus, the plaintiff's claim against the defendants on the premise that the plaintiff is the final transferee of the above claim is without merit.

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